SB 354: Torts; cause of action for appropriating an individual's indicia of identity; provide

Georgia law does not currently spell out a clear right to sue over the unauthorized commercial use of someone's likeness, voice, or other identifying features. This bill would create a new chapter of Georgia's tort law (Title 51) that gives every individual a right to protection against 'appropriation' of their 'indicia of identity,' defined broadly to include image, voice, signature, mannerisms, tattoos, and distinctive speech patterns, but not a name alone. The bill lets people sue anyone who uses their identity without consent for advertising, fundraising, sales, or feeding it into machine learning training. It sets damages at the greater of $1,000 or actual losses, plus any profits gained, and allows courts to issue injunctions. The right survives death for at least ten years and can be passed to heirs. The bill also carves out exceptions for news reporting, parody, satire, and internet platforms that merely host third-party content, and it takes effect through Georgia's usual repealer of conflicting laws.

• Creates a new civil cause of action in Georgia's tort law (O.C.G.A. Title 51) letting individuals sue over unauthorized commercial use of their image, voice, signature, or other identifying features.
• Extends this right for at least ten years after death, with special rules for public figures and for sexual use of a deceased person's identity.
• Specifically covers using someone's identity to train machine learning systems or to create AI-generated voice or likeness tools without authorization.
• Sets damages at the greater of $1,000 or actual losses, plus any profits the violator made, and allows courts to issue injunctions to stop ongoing violations.
• Exempts news organizations, satire, parody, artistic works, and advertising mediums (like newspapers or billboards) that unknowingly ran a violating ad.
• Clarifies that internet platforms are not required to police third-party content for violations of this new law.

Georgia residents whose image, voice, or likeness could be used without permission; advertisers, marketers, and companies developing AI or machine learning tools trained on people's voices or faces; heirs and estates of deceased individuals; news organizations, artists, and advertising mediums like newspapers and broadcasters; and internet platforms hosting third-party content.

If enacted, Georgians would gain a clear legal tool to demand money or a court order when someone uses their face, voice, or other identifying traits without consent, including for AI training. Businesses and AI developers would face new legal exposure, while news outlets, satirists, and platforms hosting others' content would have specific protections.

• Section 1 creates new Code Sections 51-17-1 through 51-17-7, defining 'appropriation,' 'indicia of identity,' 'likeness,' and 'voice' broadly, excluding a bare name.
• O.C.G.A. § 51-17-2 grants every individual a right against unauthorized use of their identity, requiring consent from the person, a minor's guardian, or a deceased person's estate.
• O.C.G.A. § 51-17-3 makes the right exclusive for at least ten years after death, with public figures' commercial rights lapsing after proof of two years' nonuse following that period, while sexual-use rights end at death but heirs may still sue over continued misuse.
• O.C.G.A. § 51-17-4 defines liability for using someone's identity in advertising, fundraising, sales, distribution, or machine learning training without authorization and with knowledge it was unauthorized.
• O.C.G.A. § 51-17-5 sets damages at the greater of $1,000 or actual damages, plus disgorgement of profits, and allows courts to grant injunctions.
• O.C.G.A. § 51-17-6 clarifies that commercial sponsorship alone does not create liability and that documenting someone's presence in public places is not covered.
• O.C.G.A. § 51-17-7 exempts First Amendment-protected activities like journalism, satire, and parody, exempts advertising mediums acting without knowledge, and exempts interactive computer service providers from a duty to monitor third-party content.

1. 2025-03-25Senate Read and Referred (Senado)
2. 2025-03-21Senate Hopper (Senado)

• Sally Harrell (D, SD-040)Patrocinador principal

• right of publicity
• artificial intelligence
• personal privacy
• identity theft protections
• civil lawsuits